Ep 117: The Agencies Revisit the ACA’s Provider Nondiscrimination Rules

In this episode, Suzanne Spradley and Chase Cannon discuss the ACA provider nondiscrimination rules — the idea that individuals have the right to access health services from the full range of providers licensed and certified in their state. Suzanne leads off with a background on why Congress felt it necessary to include the provider nondiscrimination rules as part of the ACA. Next, Suzanne and Chase discuss prior state law and litigation in the courts and how the ACA rules attempt to address the related issues. The two go deeper into the rules themselves, the process, and then back and forth between the agencies (DOL, Treasury, etc.) and the Senate on the intent and purpose of the law. Suzanne closes by outlining a recent agency “listening session,” wherein providers and group health plans gave feedback on questions that future guidance should address.